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Council briefed on eminent-domain contingency for Markshef/Markshelf Road project as owner becomes unresponsive
Summary
City staff said it had made a final offer to a property owner needed for the Mark Shelford Road project and asked council for permission to use possession and, if necessary, eminent domain; PPRTA and CSU have funding for easements, staff said.
City real-estate and project staff informed the Colorado Springs City Council on April 1 that they had completed appraisal and negotiation steps for property needed to continue the Mark Shelford Road project and asked the council to authorize possession and, if necessary, eminent domain to acquire required rights.
Staff briefing and facts: Gail Studen, real estate services, and project staff said the parcel is east of Markshef (Markshelf) Road between Markshelf and Tamlin, south of Settlers Hills Boulevard, currently used as a storage facility. The city identified the need for permanent right-of-way (about 9,464 square feet) and temporary construction easements (about 12,464 square feet), plus a Colorado Springs Utilities (CSU) easement for a future finished-water pipeline (nearly 32,000 square feet), shown on staff exhibits.
Studen said the city completed its appraisal and made an offer in November 2024; the owner submitted a separate appraisal, then requested changes to easement language, which staff and CSU accepted. Staff reported the owner then became nonresponsive to emails and calls. Staff said they issued a final offer the prior Friday and that PPRTA funds (Pikes Peak Rural Transportation Authority) and CSU funding will pay for the acquisitions.
Request to council: Staff sought council permission to pursue possession-and-use and eminent-domain proceedings if negotiations remain stalled, and requested placement of the matter on the April 8 agenda (consent or resolution). The staff presentation said the parcel is on a critical path for ongoing construction and that timely acquisition is necessary to avoid schedule impacts.
Council reaction: Council members thanked staff for the work and asked clarifying questions about the amount of land taken and the impact on the property owner’s storage capacity (staff said the loss of usable space would be minimal). Council member O’Malley led a brief expression of appreciation for project progress and contractor performance. Council members indicated assent to place the item on consent unless the owner requests separate consideration.
Why it matters: The Mark Shelford Road project is tied to the city’s transportation program and to a future regional water pipeline connection; delaying acquisition could delay construction and raise costs. Staff noted funding is already approved for the acquisitions and that the city had followed appraisal and negotiation steps required before initiating eminent-domain proceedings.
Next steps: Staff will continue to negotiate but asked for council authorization to use possession-and-use and, if necessary, eminent domain; the item was slated for April 8 consideration if negotiations remain unresolved.
